Glockner

Action to recover certain unpaid monthly installments of money alleged to he due under a contract for the purchase by defendant from plaintiff of a motion picture orchestra.

Judgment went for defendant, from which plaintiff appeals.

For defense to the action defendant relied upon certain alleged fraudulent acts practiced by plaintiff, whereby defendant was induced, to enter into the contract, as to all of which the court found in defendant’s favor.

[1] It appears that prior to the institution of the action there had been another action between the same parties and upon the same contract to recover monthly installments of money theretofore accruing thereon and which defendant had failed to pay. In this first action the defendant, as here, pleaded in defense of recovery therein the same fraudulent acts of plaintiff which it sets up in its answer in the instant case, and, as shown hy the judgment-roll in said first action, introduced in evidence, the court, as to such defense, found adversely to defendant and gave judgment tor pláintiff, which judgment had, at the time of filing the complaint herein, become final. Hence, the court having in the trial of tha first case adjudged as…